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The Merger Directive 2009/133/EC ; a limited help to the cross-border mobility?

Eyer, Mégane LU (2020) HARN60 20201
Department of Business Law
Abstract
A company willing to move abroad go through different set of rules starting with article 54 of the TFEU that consecrated the Freedom of Establishment. Even though some steps have been made, depending on which theory is used by the Member State, some fiscal impediments can arise in case of cross-border operations. Member States can be tempted to levy exit tax when the company leaves their territory. The established case law of the Court of Justice authorised the levy of exit tax if it doesn’t go beyond the objective of the legislation. Furthermore, the ATAD which is a reflection of the case law of the ECJ, left the operations covered by the Merger Directive out of its scope in its recital 10. As the ECJ case law can be transposed to the... (More)
A company willing to move abroad go through different set of rules starting with article 54 of the TFEU that consecrated the Freedom of Establishment. Even though some steps have been made, depending on which theory is used by the Member State, some fiscal impediments can arise in case of cross-border operations. Member States can be tempted to levy exit tax when the company leaves their territory. The established case law of the Court of Justice authorised the levy of exit tax if it doesn’t go beyond the objective of the legislation. Furthermore, the ATAD which is a reflection of the case law of the ECJ, left the operations covered by the Merger Directive out of its scope in its recital 10. As the ECJ case law can be transposed to the merger operations, there might be a contradiction. The exit taxes persist and diminish the free movement of companies, some kind of help could have been found in the Merger Directive that was put into place to remove the fiscal obstacles of cross-border mergers. However; the Merger Directive does not work perfectly well, and has shortcomings leaving the fiscal impediments to persist in case of cross-border operations. (Less)
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author
Eyer, Mégane LU
supervisor
organization
course
HARN60 20201
year
type
H1 - Master's Degree (One Year)
subject
keywords
Merger Directive 2009/133/EC, mergers, cross-border mobility, neutrality
language
English
id
9011817
date added to LUP
2020-06-22 13:07:14
date last changed
2020-06-22 13:07:14
@misc{9011817,
  abstract     = {A company willing to move abroad go through different set of rules starting with article 54 of the TFEU that consecrated the Freedom of Establishment. Even though some steps have been made, depending on which theory is used by the Member State, some fiscal impediments can arise in case of cross-border operations. Member States can be tempted to levy exit tax when the company leaves their territory. The established case law of the Court of Justice authorised the levy of exit tax if it doesn’t go beyond the objective of the legislation. Furthermore, the ATAD which is a reflection of the case law of the ECJ, left the operations covered by the Merger Directive out of its scope in its recital 10. As the ECJ case law can be transposed to the merger operations, there might be a contradiction. The exit taxes persist and diminish the free movement of companies, some kind of help could have been found in the Merger Directive that was put into place to remove the fiscal obstacles of cross-border mergers. However; the Merger Directive does not work perfectly well, and has shortcomings leaving the fiscal impediments to persist in case of cross-border operations.},
  author       = {Eyer, Mégane},
  keyword      = {Merger Directive 2009/133/EC,mergers,cross-border mobility,neutrality},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Merger Directive 2009/133/EC ; a limited help to the cross-border mobility?},
  year         = {2020},
}